The Code of Virginia grants the Clerk of the Court the authority to Probate a Will, to appoint and qualify an Executor or Administrator for a Decedent’s Estate, to appoint and qualify a Testamentary Trustee, to qualify a Conservator and/or a Guardian for an Incapacitated Adult.

A person has no legal authority to act or perform any duties as an Executor, Administrator, Testamentary Trustee, Guardian or Conservator until he/she has been appointed by the Clerk or the Circuit Court Judge and until he/she has formally qualified before the Clerk as such.

Types of Estates
  • Small EstatesPersonal Estates not including Real Estates, valued at less than $50,000.
  • Estates with Real Estate OnlyEstates that do not include a Personal Estate
  • Estates with a Will (Testate)Estates where the decedent left a will.
  • Estates without a Will (Intestate) – Estates where the decedent did not leave a will

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